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U.S. v. LEMAIRE

No. 86-1761.

826 F.2d 387 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Harry LEMAIRE, Estate of Richard Patton, Hilmar R. Zeissig, Bert F. Scales, and Dieter J. Scherfenberg, Defendants-Appellants, v. MBANK ABILENE, N.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 9, 1987.

Attorney(s) appearing for the Case

Bruce W. Claycombe, Kenneth L. King, Jones, Claycombe & King, Dallas, Tex., for Lemaire & Patton.

John M. Zukowski, Campbell, Athey & Zukowski, Houston, Tex., for Zeissig, et al.

James M. Spears, Douglas N. Letter, U.S. Dept. of Justice, Washington, D.C., Marvin Collins, U.S. Atty., Ft. Worth, Tex., Barbara C. Biddle, Atty., Appellate Staff, Civ.Div., U.S. Dept. of Justice, Frank C. Bonaventure, Jr., Office of Comptroller of the Currency, Washington, D.C., for U.S.

Joseph D. Cheavens, Houston, Tex., Jeff Joyce, W. Mike Baggett, Dallas, Tex., for MBank.

Before POLITZ, JOHNSON, and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 9, 1987.

POLITZ, Circuit Judge:

This appeal requires us to define the term "final judgment" as used in 12 U.S.C. § 91, which proscribes "attachment, injunction or execution" against a national bank "before final judgment in any suit" in state court. We agree with the trial court's interpretation and affirm.

Background

The genesis of the present proceeding is a state court suit by...

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